Goodwin v. Sims
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Henry T. Goodwin, against Bobert Sims, to recover a tract of land particularly described in the complaint, or an undivided one-twelfth interest therein; and was commenced on the 17th February, 1888. The cause was tried on issue joined on the plea of not guilty, and the. statute of limitations of ten years.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Henry T. Goodwin, against Bobert Sims, to recover a tract of land particularly described in the complaint, or an undivided one-twelfth interest therein; and was commenced on the 17th February, 1888. The cause was tried on issue joined on the plea of not guilty, and the. statute of limitations of ten years. The plaintiff was one of the twelve children of Thomas Goodwin, who died, intestate, in December, 187 6, and to whom the land belonged at the time of his death. Letters of administration…
1Opinion of the CourtClopton, J.
Tbe admission tbat Thomas Goodwin was seized and possessed of tbe land sued for at tbe time of bis death, and that plaintiff, who is appellant, is one of bis twelve heirs, shows prima ' facie a title, which entitled the plaintiff to recover an undivided one-twelfth interest, unless bis title has been divested in some legal mode. In order to show tbat it bad been divested, tbe defendant introduced in evidence, against tbe objection of plaintiff, a transcript of the proceedings in tbe Probate Court, under which tbe land was sold and conveyed to defendant by tbe administrator of tbe deceased.…
2Cases cited4 opinions
- Bland v. BowieSupreme Court of Alabama · 1875
- Field's Heirs v. GoldsbySupreme Court of Alabama · 1856
- Wright's Heirs v. WareSupreme Court of Alabama · 1874
- King v. MartinSupreme Court of Alabama · 1880
3Cited by15 opinions
- Singo v. McGheeSupreme Court of Alabama · 1909
- Miller v. ThompsonSupreme Court of Alabama · 1923
- Friedman & Loveman v. ShamblinSupreme Court of Alabama · 1897
- Fowler v. FowlerSupreme Court of Alabama · 1929
- Alford v. ClaborneSupreme Court of Alabama · 1934
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